Minutes 11-5-2003Page 1 of 9
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, November 5, 2003 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Suspension Items
• For Discussion
• Ordinances
• Public Hearings
Present - 6 - Benanav, Blakey, Bostrom Coleman, Harris, Lantry
Absent - 0
CONSENT AGENDA (Items 1 - 31)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED BY A COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Luther and Mary Bexell, Paris DeLisle, Tammy Hatter (for Georgetown Park), Nicole
Lienke, Andrea Olson, Lloyd Perry (CMR Qwest Claims), Robert Samuelson, Walker Law Offices,
P.A. (For Quira Jackson), Jeffrey Tobin, George Wright, and Ha Xiong.
Referred to the Risk Management Division
2. Petition in Condemnation and Motion for Transfer of Title and Possession and Notice of Hearing in
the matter of the City of Saint Paul vs. 011ie Christian, et al.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Harold H. Dorland vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
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4. Summons and Complaint in the matter of John Moore vs. he City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Letter from the Real Estate Division announcing a public hearing before the City Council on
November 19, 2003 to consider the petition of Scott and Jennifer Ebel to vacate part of the alley at 125
Hyacinth Avenue West to facilitate construction of a retaining wall.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 19, 2003 to consider the application of Jason's Dry Ice for a
subdivision by lot split to create two industrial parcels with a variance of the requirement to plat
previously unplatted land at the northwest corner of Charles Avenue and Transfer Road.
FOR ACTION
7. Approval of minutes of September 24, 2003.
Adopted Yeas - 6 Nays - 0
8. Resolution - 03 -966 - Approving the Memorandums of Agreement between the City of Saint Paul and
the Saint Paul Supervisors Organization and the Professional Employees Association extending the
previously approved pilot project within the Department of Public Works for the Civil Engineer
position. (To be laid over one week for adoption)
Laid over to November 12 for adoption
9. Resolution - 03 -967 - Approving the reappointments, by Mayor Kelly, of Liz Anderson and Trude
Harmon to Our Fair Carousel Board.
Adopted Yeas - 6 Nays - 0
10. Resolution - 03 -968 - Appointing outside counsel for the City of Saint Paul in the case of Town
Square Realty, LLC vs. City of Saint Paul and Michael Wong, dba Town Square Garden Inc.
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -969 - Memorializing City Council action taken October 22, 2003 denying the appeal
of Vitctak and Hayne to rezone property from R -4 (single - family residential) to RT -1 (two - family
residential) to allow a duplex at 895 and 905 Kennard Street between York and Stillwater Avenues.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -970 - Concerning adverse action against the licenses held by DARP Corporation,
dba Fitti's, 828 Seventh Street East.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -971 - Suspending all licenses immediately for Cab's Pub and Eatery Inc., 992
Arcade Street, until such time as a fine and half the cost of an Administrative Law Judge hearing
($1,260 total) are paid.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -972 - Amending C.F. 03 -629 and granting Robert Pilz, Homevestors, Inc., dba
Home Renew, LLC, 180 days to complete the rehabilitation of 928 Maryland Avenue East.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -973 - Approving the decisions of the Legislative Hearing Officer on Appeals for
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Letters of Deficiency, Correction Notices and Correction Orders for 75 Plato Boulevard West, 361 Bates
Avenue, 1941 Nortonia Avenue, 877 Snelling Avenue North and 1099 Jenks Avenue.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -974 - Approving the application, per the Legislative Hearing Officer, for a Malt On
Sale (3.2) License by Bernardo Crisanto, President, BJB Mex, Inc. dba Cafe Del Sol, 863 Seventh Street
East.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -975 - Approving the application, with a condition, for a Dance Hall or Rental Hall
License, per the Legislative Hearing Officer, by Jan M. Nelson, Manager, St. Paul College Club
AAUW, dba St. Paul College Club, 990 Summit Avenue.
Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -976 - Approving the application, with conditions per the Legislative Hearing
Officer, for Malt On Sale (Strong), Wine On Sale, and Restaurant (B) Licenses by Binh Le and John A.
Bui, co- owners, Grand Thai Restaurant, 758 Grand Avenue.
Adopted Yeas - 6 Nays - 0
19. Resolution - 03 -977 - Renaming Old Kellogg Boulevard, between Summit Avenue and College
Avenue, Mother Teresa of Calcutta Boulevard and requesting the appropriate signage be placed by the
Department of Public Works.
Adopted Yeas - 6 Nays - 0
20. Resolution - 03 -978 - Approving the allocation of Federal Emergency Shelter Grant Program funds
to the listed non -profit agencies for the purpose of assisting them to provide a wide range of service to
people who are "homeless" or at "risk of becoming homeless."
Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -979 - Accepting a $3,000 grant from the Family Housing Fund in recognition of
PED's Mortgage Foreclosure Prevention Program participation with "Don't Borrow Trouble"
Campaign, an educational initiative to combat predatory lending.
Adopted Yeas - 6 Nays - 0
22. Resolution - 03 -980 - Authorizing the Department of Planning and Economic Development to apply
to the Metropolitan Council for a Tax Base Revitalization grant for asbestos removal for the Lowry
Professional Building.
Adopted Yeas - 6 Nays - 0
23. Resolution - 03 -981 - Authorizing the transfer of taxicab licenses from Yellow Cab Service
Corporation dba Airport and Airline Taxicab Corporation to Intrastate Incorporated, dba Airport and
Airline Taxicab Corporation.
Adopted Yeas - 6 Nays - 0
24. Resolution - 03 -982 - Allowing the Office of License, Inspections and Environmental Protection's
Animal Control Center to accept, at no charge, three stacked, stainless steel animal holding cages from
Animal Ark.
Adopted Yeas - 6 Nays - 0
25. Resolution - 03 -983 - Authorizing an offset of certain capital obligations of the cable franchisee for
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2004 pursuant to Article III, Section 304(a) of the cable television franchise (C.F. 98 -234).
Adopted Yeas - 6 Nays - 0
26. Resolution - 03 -984 - Authorizing additions to the financing and spending plans in the 2003 Division
of Parks and Recreation Environmental Permits and Planning activity budget. Adopted Yeas - 6 Nays -
0
27. Resolution - 03 -985 - Approving an agreement between the Board of Water Commissioners and the
City of Saint Paul for central services to be provided by the City to the Board in 2004.
Adopted Yeas - 6 Nays - 0
28. Resolution - 03 -986 - Approving Saint Paul Regional Water Services' request to amend its 2003
budget to reflect an increase of $1,954,350 in capital spending for mains and $1,889,000 for campus and
construction.
Adopted Yeas - 6 Nays - 0
29. Resolution - 03 -987 - Authorizing and directing the proper city officials to convey by quit claim
deed to the HRA a parcel of land lying westerly of Payne Avenue and northerly of vacated Hopkins
Street.
Adopted Yeas - 6 Nays - 0
30. Resolution - 03 -988 - Releasing easements in vacated Dewey Street and the vacated alley between
Union Park and Hinkel's 3rd Amendment, and accepting and filing the dedication of a sewer easement
in vacated Dewey Street.
Adopted Yeas - 6 Nays - 0
31. Resolution - 03 -989 - Releasing easements in vacated Petit Street as required for the Phalen
Corridor- Railroad Island Phase I housing development.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
32. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue
within fifteen (15) days from adoption of resolution. (Laid over from October 8) (Legislative Hearing
Officer recommends approval)
Laid over to December 3 Yeas - 6 Nays - 0
33. Resolution - 03 -799 - Authorizing the City of Saint Paul, Division of Parks and Recreation, to accept
a monument from the Hamm's Club, Inc. to be placed in Como Park. (Laid over from October 15)
Laid over to December 3 Yeas - 6 Nays - 0
34. Resolution - 03 -946 - Establishing the year 2004 Residential Street Vitality Program assessment
rates. (Laid over from October 22)
Adopted Yeas - 6 Nays - 0
35. Report from the Office of Human Resources and the Risk Management Division regarding
employment rights after City employees who are military reservists are called up for military service.
(Report requested by Council October 15; C.F. 03 -936)
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A report was presented by Angie Nalezny, Director, Department of Human Resources
36. Resolution - 03 -990 - Approving a lease agreement with the Saint Paul Port Authority to build Fire
Station No. 8 and have the Port Authority issue lease revenue bonds. Withdrawn Yes - 6 Nays - 0
37. Resolution - 03 -991 - Approving a lease agreement with the Saint Paul Port Authority to build Fire
Station No. 8 and use City resources
to pay for the construction of the project.
Adopted Yeas - 5 Nays -1 (Lantry)
38. Report from the Ramsey County Elections Division regarding the canvass for the November 4, 2003
Saint Paul City Elections (Resolution to be presented at the November 5 City Council Meeting.)
See Suspension Item C.F. 03 -1000
39. Consideration by the Saint Paul City Council to fill the Ward 5 City Council vacancy for the
remainder of the term which expires at the end of 2003. (Resolution to be presented at the November 5
City Council meeting.)
See Suspension Item C.F. 03 -1001
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
40. Final Adoption - 03 -884 - An ordinance creating a new city department to be known as the
Department of Neighborhood Housing and Property Improvement and establishing appropriate
functions and responsibilities.
Adopted Yeas - 6 Nays - 0
41. Final Adoption - 03 -885 - An interim ordinance clarifying the length of time of the interim
ordinance governing the Arcade Street Study Area established by Council File No. 01 -648 for a period
of twelve months, and extended for an additional eighteen months in Council File No. 02 -514, for a total
of thirty months, as permitted under Minn. Statute §462.355, Subd. 4.
Adopted Yeas - 6 Nays - 0
42. Final Adoption - 03 -886 - An ordinance regulating the use of land for off -sale of "growlers."
Adopted Yeas - 6 Nays - 0
43. Final Adoption - 03 -887 - An ordinance amending Chapters 32, 33, 43, 45, 51, 105, 163, 189 and
292 of the Saint Paul Legislative Code to accurately reference the functions of the new Department of
Neighborhood Housing and Property Improvement.
Adopted Yeas - 6 Nays - 0
44. Final Adoption - 03 -888 - An ordinance amending Chapters 33, 34 and 60 of the Saint Paul
Legislative Code to establish requirements for student dwellings including regular inspections and
installation of hard wired smoke detectors.
Withdrawn Yeas - 6 Nays - 0
See Suspension Item C.F. 03 -1002
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45. Final Adoption - 03 -889 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase fees 10% for most categories of permits, except for general building permits, and to increase
annual elevator inspection fees 25 %.
Adopted Yeas - 6 Nays - 0
46. Final Adoption - 03 -890 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to
allow for reinspection and excessive initial inspection fees to be collected by special assessment.
(Substitute introduced November 5)
Substitute introduced and laid over to November 12 for final adoption
Yeas - 6 Nays - 0
Councilmember Lantry requested quarterly reports be provided by Andy Dawkins, Office of
Neighborhood Housing and Property Improvements.
47. Final Adoption - 03 -891 - An ordinance amending Chapter 51 (Rental Registration) of the Saint Paul
Legislative Code to allow for interior inspections of one and two unit rental dwellings and clarify
grounds for rental registration revocation. (Substitute introduced November 5)
Substitute introduced and laid over to November 12 for final adoption
Yeas - 6 Nays - 0
48. Final Adoption - 03 -892 - An ordinance amending Chapters 87, 89, 91, 92, 94 and 95 of the Saint
Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services
as recommended by the Board of Water Commissioners of the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
(Benanav not present for votes on Items 49 -58)
49. Final Adoption - 03 -893 - An ordinance amending Chapter 310 (Uniform License Procedures) of the
Saint Paul Legislative Code to increase fees 25% for some categories of licenses in the City of Saint
Paul, to increase Malt Off -Sale 10 %, Food Institutional 100 %, and to create a fee schedule for the
proposed new environmental plan review fees to be created in Chapters 331A, 367, 380, 412 and 412A.
Adopted Yeas - 5 Nays - 0
50. Final Adoption - 03 -894 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code
to require food facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility as well as provide for change of ownership and inspection
fees.
Adopted Yeas - 5 Nays - 0
51. Final Adoption - 03 -895 - An ordinance amending Chapter 367 of the Saint Paul Legislative Code to
require tattoo facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility as well as provide for change of ownership inspection and
fees.
Adopted Yeas - 5 Nays - 0
52. Final Adoption - 03 -896 - An ordinance amending Chapter 380 of the Saint Paul Legislative Code
requiring tanning facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility as well as provide for change of ownership inspection and
fees.
Adopted Yeas - 5 Nays - 0
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53. Final Adoption - 03 -897 - An ordinance amending Chapter 412 of the Saint Paul Legislative Code to
require massage facility owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility as well as provide for change of ownership inspections
and fees.
Adopted Yeas - 5 Nays - 0
54. Final Adoption - 03 -898 - An ordinance amending Chapter 412A of the Saint Paul Legislative Code
to require adult massage parlor owners to apply for an environmental plan review and pay a fee for new
construction and /or remodeling of the facility as well as provide for change of ownership inspection and
fees.
Adopted Yeas - 5 Nays - 0
55. Final Adoption - 03 -917 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code
by striking the obsolete reports section.
Adopted Yeas - 5 Nays - 0
56. Final Adoption - 03 -918 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved
the status quo with respect to the use of property in the Sunray area. (Boston Healthcare)
Adopted Yeas - 5 Nays - 0
57. Final Adoption - 03 -919 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved
the status quo with respect to the use of property in the Sunray area. (Old Posey Miller Site)
Adopted Yeas - 5 Nays - 0
58. Final Adoption - 03 -916 - An ordinance memorializing City Council action granting the application
of Thomas Lux to rezone property at 2041 Grand Avenue from RM -2 (Multi - Family Residential) to B-
2C (Community Business - Converted) to allow for conversion of a first floor residential unit to a
kitchen /bath design business.
Adopted Yeas - 5 Nays - 0
59. Second Reading - 03 -963 - An interim ordinance enacted pursuant to Minn. Stat. §462.355, Subd. 4
preserving the status quo with respect to the use of property within the City of Saint Paul pending the
completion of studies of possible amendments to the Saint Paul Legislative Code relating to the repair or
maintenance of non - conforming advertising signs.
Laid over to November 19 for third reading /public hearing
60. First Reading - 03 -992 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
pertaining to the rules and regulations of the Board of Water Commissioners. Laid over to November
12 for second reading
61. First Reading - 03 -993 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Trout Brook/Lower Phalen Creek
Greenway zoning maps.
Laid over to November 12 for second reading
62. First Reading - 03 -994 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code to
comply with changes to the state law regarding charitable gambling.
Laid over to November 12 for second reading
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63. First Reading - 03 -995 - An ordinance amending Chapter 409.21 of the Saint Paul Legislative Code
to comply with changes to the state law regarding charitable gambling.
Laid over to November 12 for second reading
PUBLIC HEARINGS
64. Public Hearing to hear concerns and comments from the public regarding the City, Housing and
Redevelopment Authority, Public Library Agency, Saint Paul Regional Water Services, and RiverCentre
Authority 2004 Budgets, Service Levels and Tax Increment Financing Plans for development activities.
The following Resolutions will be considered as part of the Public Hearing which will be acted upon the
final Budget adoption on or about December 10, 2003:
Resolution - Concurring with action taken by the Board of Water commissioners
establishing the water rates for 2004.
Resolution - Ratifying the 2004 Sanitary Sewer rates and the 2004 Storm Sewer System
Charges.
Resolution - Approving the 2004 Right -of -Way Maintenance Assessment Program charges
against benefitted properties.
Public hearing on 2004 budgets was held and closed.
65. Third Reading - 03 -937 - An ordinance adopting Zoning Ordinance Amendments related to the
Arcade Street Commercial 40 Acre Study. (Substitute introduced November 5)
Substitute introduced and laid over to November 12 for final adoption
66. Resolution - 03 -996 - Approving the petition of the Taco Bell Corporation to vacate a portion of
Rice Street (near Larpenteur Avenue) to remedy a building encroachment. (TMS File 414 -2003)
Adopted Yeas - 6 Nays - 0
67. Resolution - 03 -997 - Approving the petition of the State of Minnesota to vacate parts of Minnesota
Street, Columbus Avenue and East Central Park to facilitate the redevelopment of the Capital Office
Complex.
Adopted Yeas - 6 Nays - 0
68. Resolution - 03 -998 - Establishing No Parking, 8:00 AM - 8:00 PM., Monday through Friday, except
by permit, Area 23 (St. Thomas College), on both sides of Fairmount Avenue from Cretin Avenue to
Mount Curve Avenue.
Adopted Yeas - 6 Nays - 0
69. Resolution Ratifying Assessment - 03 -999 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of July, 2003 at 1577 Ivy
Avenue East (J0306A1); and towing abandoned vehicles from private property during November and
December, 2002 at 853 Marion Street and 956 Minnehaha Avenue East (J0302V2) (Laid over from
October 22) (Legislative Hearing Officer recommends the following:
1577 Ivy Avenue East - approval of the assessment; - Laid over to November 12, Yeas - 6 Nays - 0
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853 Marion Street - reducing the assessment to $235 plus the $45 service fees for a total assessment of
$280; - Laid over to November 12 Yeas - 6Nays - 0
956 Minnehaha Avenue - approval deletion of the assessment) Adopted as amended per the
recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0
70. Appeal of Jeffrey Clemons to a Summary Abatement Order for property at 180 Prescott Street.
(Legislative Hearing Officer recommends granting the appeal)
Appeal granted Yeas - 6 Nays - 0
71. Appeal of Sean Schouveller to a Summary Abatement Order for property at 873 Johnson Parkway.
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 6 Nays - 0
72. Public hearing to consider the application of St. Paul Public Housing Agency to rezone property at
280 Ravoux Street from RM -3 (Multiple Family) to RM -2 (Multiple Family) to allow single family
houses.
Motion of Intent - Application granted Yeas - 6 Nays - 0
73. Public hearing to consider the application of Leonard and Barbara Paczosa to rezone property at
1194 E. Maryland Avenue (between Duluth Street and Lane Place) from R -4 (One Family Residential)
to B -2 (Community Business) for expansion of an auto convenience market /car wash.
Motion of Intent - Application granted Yeas - 6 Nays - 0
Suspension Items
Resolution - 03 -1000 - Approving the canvass of election returns and declaring the results of the City
General Election held on November 4, 2003 in the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
Resolution - 03 -1001 - Appointing Lee Helgen as a City Councilmember to fill the Ward 5 vacancy of
the late Councilmember Jim Reiter and to serve in this position for the remainder of the current term
through January 5, 2004.
Adopted Yeas - 6 Nays - 0
First Reading - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative Code
to establish requirements for student dwellings including Certificate of Occupancy inspections and the
installation of hard wired smoke detectors.
Laid over to November 12 for second reading
Resolution 03 -1003 - Approving the decision of the Legislative Hearing Officer to grant a fence
variance for 73 Leech Street and 199 McBoal Street.
Adopted Yeas - 5 Nays - 0 (Benanav not present for vote)
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